misrepresentation
05-11-2009, 05:22 PM
#1
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JUNIOR BUILDER
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Join Date: Jul 2004
Location: Olive Hill,Ky
Posts: 86
misrepresentation
Does anyone know of a good site where I can check to see if I have any legal recourse on a trade deal,where the item was grossly misrepresented?I'm sure laws differ,if only slightly,from state to state.I'm in Ky.
Thanks guys,
Glen
Thanks guys,
Glen
05-12-2009, 09:18 AM
#3
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JUNIOR BUILDER
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Join Date: Jul 2004
Location: Olive Hill,Ky
Posts: 86
Well,yes and no.I believe the initial contact was through another site,but the item in question was also listed on RJ,and most all communication was through RJ.
Here are a few details without mentioning names(at least for now).
I made first contact on the deal.What was advertised and described to me was a one race since freshened 383 Chevy engine with a steel crank and forged pistons,which is basically what I had my Blazer advertised to trade for.
We traded,his engine for my Blazer,on May 1st.He delivered the engine/picked up the Blazer.We didn't pull the pan or anything on the engine at that time.He was in a hurry to get back home,the engine was supposed to be fresh,it was nice and clean,all sealed up,looked to have no leaks,he seemed like a stand up guy,etc,etc,so I saw no immediate need to look inside the engine.
Yesterday,May 11,I finally got around to pulling the pan on the engine(mostly due to my work schedule).When I took the pan off,the engine had a cast 350 crank(casting # 3932442),and it looks to have cast pistons(hard to tell without taking them out,so that part is still in question).Also there was a very strong gas smell to the inside of the oil pan.I suspect there has been some sort of carb problem,and excessive gas has been put into the oil at some point.I have yet to pull any bearing caps off(awaiting his intentions),but I do expect to find damage or wear to the crank/bearings.
When I confronted him with my findings,his response was"I'm sorry if the engine is only a 350,I was told it was a 383,I don't know what else to tell you".
He did not describe the engine to me as"I was told it was a 383,I was told it has a steel crank/forged pistons,I was told it is fresh".He said that the engine IS all the above.He said he pulled it from a drag car,had it freshened,put it in a round track car,ran it one time,traded it to me.
I should also add that he then asks me if I knew the Blazer I traded him had the rear main seal out.I told him I did not know the cause,but I had put a few quarts of oil in the Blazer in the few months I had driven it,and that I thought it was normal and to be expected for a vehicle with 200K on
it.The fact is,the Blazer was in no way,shape or form misrepresented to him.Plenty of pics were sent to him,a detailed description was given(and listed in my ad),every question he had concerning the Blazer was answered accurately and honestly.The engine,on the other hand,was grossly misrepresented.Whether it was intentional or not,it was on him to make sure the engine was,in fact,what he was advertising it to be.
I did offer to trade back with him.It seemed like a legitimate offer,since we both seem to be unsatisfied.I also told him he could buy the engine back for what he had it listed for-$2,000( the same price I had on the Blazer),if he wanted,and I also told him I would accept a good 383 rotating assembly to make the engine what he traded me-that'd still leave me with the machine shop bill.More than fair!
I do feel like he needs to make it right,and he says he don't know what to do,so I guess we'll see.
Sorry this was so long guys,but hopefully I have left no loose ends on the story.
Glen
Here are a few details without mentioning names(at least for now).
I made first contact on the deal.What was advertised and described to me was a one race since freshened 383 Chevy engine with a steel crank and forged pistons,which is basically what I had my Blazer advertised to trade for.
We traded,his engine for my Blazer,on May 1st.He delivered the engine/picked up the Blazer.We didn't pull the pan or anything on the engine at that time.He was in a hurry to get back home,the engine was supposed to be fresh,it was nice and clean,all sealed up,looked to have no leaks,he seemed like a stand up guy,etc,etc,so I saw no immediate need to look inside the engine.
Yesterday,May 11,I finally got around to pulling the pan on the engine(mostly due to my work schedule).When I took the pan off,the engine had a cast 350 crank(casting # 3932442),and it looks to have cast pistons(hard to tell without taking them out,so that part is still in question).Also there was a very strong gas smell to the inside of the oil pan.I suspect there has been some sort of carb problem,and excessive gas has been put into the oil at some point.I have yet to pull any bearing caps off(awaiting his intentions),but I do expect to find damage or wear to the crank/bearings.
When I confronted him with my findings,his response was"I'm sorry if the engine is only a 350,I was told it was a 383,I don't know what else to tell you".
He did not describe the engine to me as"I was told it was a 383,I was told it has a steel crank/forged pistons,I was told it is fresh".He said that the engine IS all the above.He said he pulled it from a drag car,had it freshened,put it in a round track car,ran it one time,traded it to me.
I should also add that he then asks me if I knew the Blazer I traded him had the rear main seal out.I told him I did not know the cause,but I had put a few quarts of oil in the Blazer in the few months I had driven it,and that I thought it was normal and to be expected for a vehicle with 200K on
it.The fact is,the Blazer was in no way,shape or form misrepresented to him.Plenty of pics were sent to him,a detailed description was given(and listed in my ad),every question he had concerning the Blazer was answered accurately and honestly.The engine,on the other hand,was grossly misrepresented.Whether it was intentional or not,it was on him to make sure the engine was,in fact,what he was advertising it to be.
I did offer to trade back with him.It seemed like a legitimate offer,since we both seem to be unsatisfied.I also told him he could buy the engine back for what he had it listed for-$2,000( the same price I had on the Blazer),if he wanted,and I also told him I would accept a good 383 rotating assembly to make the engine what he traded me-that'd still leave me with the machine shop bill.More than fair!
I do feel like he needs to make it right,and he says he don't know what to do,so I guess we'll see.
Sorry this was so long guys,but hopefully I have left no loose ends on the story.
Glen
05-12-2009, 01:02 PM
#4
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Location: Chelsea Oklahoma
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i got to mad to read the rest of this..THAT SAME OLD SHIT..OHH I WAS TOLD IT HAD THIS AND THAT..THAT IS A BUNCH OF CRAP...HE KNEW HE WAS SELLING YOU A PIECE OF SHIT...let me back up..not shit,,just not what he said it was..
05-12-2009, 01:11 PM
#5
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RACING JUNKIE
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Location: LICKSKILLET , MISSISSIPPI
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SEEMS LIKE THIS SUBJECT COMES UP ALOT IT'S A SHAME YOU CAN'T TAKE ANOTHER MAN'S WORD FOR SOMETHING ANYMORE , '' BUT YOU CAN'T'' :!: :!: :!: HE SHOULD HAVE SAID THAT HE WAS TOLD WHAT WAS IN THE MOTOR BUT DIDN'T KNOW IT FOR A FACT (IF THATS THE CASE)..PERSONALLY I WOULD NOT BUY OR TRADE FOR A MOTOR THATS ALL TOGETHER WITHOUT AT LEAST DROPPING THE PAN , THERE IS A REASON THEY ARE ALWAYS IN A HURRY TO LEAVE , IF HE WAS IN THAT BIG A HURRY TO GO , HE COULD TAKE IT WITH HIM, PERIOD . GOOD LUCK
05-12-2009, 01:22 PM
#6
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RACING JUNKIE
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Posts: 4,137
As far as the gas smell....well that's part of it. He may not have known and that doesn't mean it wasn't fresh.
As far as the crank being a 350 well that stinks. Is it a 400 block or a 350 block? I think a .060 over 400 block with a 350 crank still gives you a 383...It is a shame you can't trust a mans word but truth is most times you cannot ....I'm sorry to be blunt but I have a hard time feeling sorry for you if you did not pull the pan and look before you traded...especially since you were gona pull it and check it out anyway(proven by the fact that you pulled the pan at a later time) Don't play russian roulette then complain when you shoot yourself in the head.
I realize you were not asking for sympathy with this post so don't take that comment wrong.
As far as the crank being a 350 well that stinks. Is it a 400 block or a 350 block? I think a .060 over 400 block with a 350 crank still gives you a 383...It is a shame you can't trust a mans word but truth is most times you cannot ....I'm sorry to be blunt but I have a hard time feeling sorry for you if you did not pull the pan and look before you traded...especially since you were gona pull it and check it out anyway(proven by the fact that you pulled the pan at a later time) Don't play russian roulette then complain when you shoot yourself in the head.
I realize you were not asking for sympathy with this post so don't take that comment wrong.
05-12-2009, 01:39 PM
#7
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JUNIOR BUILDER
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Join Date: Jul 2004
Location: Olive Hill,Ky
Posts: 86
Not a problem,Todd.I appreciate your guys' input.I'm certainly not asking for anyone's sympathy.The fact was,he was leaving my house whether I pulled the pan or not,and that he out and out lied about it.IF he hadn't stated that HE had it freshened,it'd be easier to take.He specifically told me it was a forged 383,and the gas smell in the pan,well,I haven't tried it yet,but I'm sure there's enough gas in the oil that it'll light with a match.I'm just putting it out there for future reference.I know all this info means nothing for you guys and potential deals without a name,and I'll put it out there when the time's right.I'm sure I'll be forced to do so,as he says he's unsatisfied(with a vehicle that has 200K on it!),as well,and is unwilling to own up to the engine.
Glen
Glen
05-12-2009, 01:43 PM
#8
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Originally Posted by maniac
SEEMS LIKE THIS SUBJECT COMES UP ALOT IT'S A SHAME YOU CAN'T TAKE ANOTHER MAN'S WORD FOR SOMETHING ANYMORE , '' BUT YOU CAN'T'' :!: :!: :!: HE SHOULD HAVE SAID THAT HE WAS TOLD WHAT WAS IN THE MOTOR BUT DIDN'T KNOW IT FOR A FACT (IF THATS THE CASE)..PERSONALLY I WOULD NOT BUY OR TRADE FOR A MOTOR THATS ALL TOGETHER WITHOUT AT LEAST DROPPING THE PAN , THERE IS A REASON THEY ARE ALWAYS IN A HURRY TO LEAVE , IF HE WAS IN THAT BIG A HURRY TO GO , HE COULD TAKE IT WITH HIM, PERIOD . GOOD LUCKGlen
05-12-2009, 01:58 PM
#9
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Posts: 4,137
Please don't take my previous comment as defending him...he screwed you sounds like...I only meant, you must always look out for number one and protect yourself any way possible...knowledge is power, trust No One.
05-12-2009, 02:28 PM
#10
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same here , glen , as far as your question about a site about misrepresntation ( 
ops: i know that ain't spelled right?) I don't know of any..I think there are a few on here that do , they will catch it sooner or later and respond to you,,,Paul
ops: i know that ain't spelled right?) I don't know of any..I think there are a few on here that do , they will catch it sooner or later and respond to you,,,Paul